Terms of Service Agreement
For clients in contract for services provided by Rochelle Serna Design Studio
Following are terms of services for website hosting, domain registration, branding and website design services provided by Rochelle Serna (Because Babies LLC). Signature on our proposal, or submission of payment for service, indicates agreement to these terms of service.
1. Domain Registration Terms: The client shall provide billing address and any other information necessary for Rochelle Serna Design Studio “RS Design” to maintain website hosting and registration services. If RS Design is purchasing a domain name on your behalf, we may ask for your credit card information to do so.
2. Website Hosting Payment Terms: Billing for website hosting service will commence when the website hosting service is created, prior to development of a new website project. Website hosting services are invoiced monthly. Payment is due on the day that the hosting was created, each month. Termination of Website Hosting Services with RS Design requires a 30-day advance notification via phone, e-mail or postal mail. RS Design reserves the right to change the rates by notifying customers 30 days in advance of the effective date of the change. RS Design reserves the right to cancel hosting service at any time, but will notify the client and give them the option to take over their own hosting and registration.
3. Website Hosting Pre-Payment Terms: RS Design may offer a discount for paying an entire year of hosting service up front. Refunds will not be issued in the case that a customer cancels their hosting service before the period they have pre-paid for.
4. Branding Payment Terms: 100% of the payment for stand-alone branding projects are due before the work commences.
5. Website Design Payment Terms: Rochelle Serna Design Studio requires a minimum of 50% down payment on all custom website design services. Down payment on website design is non-refundable, and down payment amount may be modified at RS Design’s discretion. The final balance is due 7 days from completion of website design project, directly after all design edits are delivered to RS Design. If RS Design is designing a website that is not also hosted by RS Design, final payment for the project must be received prior to project launch or relinquishing ownership to customer. If the website is hosted by RS Design, and final payment is not made within 14 days of invoice, the site may go offline until the final payment is made.
Rochelle Serna Design Studio heavily relies on client participation and communication in order to deliver websites in a timely manner and stay on track with workflow. Should a design project span longer than expected due solely to a lack of communication or asset delivery on behalf of the client, a charge may be applied as follows: a $100 charge for every week, starting on day 1, past the 14 day grace period of first communication about a delivery or feedback required to move forward.
Ongoing website maintenance and updates are billed on the 1st calendar day of the following month.
6. General Payment Terms: Payment is due upon the delivery of an invoice for all services. Accounts are in default if payment is not received 14 days after the invoice date. If customer pays by check that does not clear, the customer is immediately in default and subject to a returned check charge of $35. Accounts unpaid 14 days after date of invoice will be subject to service interruption. Such interruption does not relieve you from the obligation to pay the monthly charge. If you default, you agree to pay RS Design its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.
7. Content Responsibilities: The customer is responsible for all content posted or stored on their web hosting space. RS Design exercises no control over the content or information contained on the servers used for hosting. RS Design will not be responsible for any direct, indirect, or consequential damages which may result from the use of this service by its customers or any other related or unrelated third parties. RS Design is not responsible for backing up data or recovering data in case of loss on the customer’s behalf. There are no warranties expressed or implied for the services the RS Design provides or the software used by the customer.
8. Service Interruptions: RS Design is not responsible for interruptions of service beyond its control. This includes interruptions by its suppliers and natural disasters.
9. Account Credentials: The customer agrees to keep all user IDs and access codes/passwords confidential. Sharing of account information and passwords is strictly forbidden. If a customer believes that his user ID or password has been compromised, the customer agrees to contact RS Design immediately via e-mail or telephone.
10. Governing Laws: Rochelle Serna Design Studio is located in Los Angeles, CA. This agreement will be performed in and governed by the laws of the State of California. Any claims or legal action arising out of this Service Agreement must be instituted within one year after the claim or cause has arisen. RS Design reserves the right to discontinue service for violation of any of the conditions of this service agreement.
All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration.
11. Third Party Networks: Any access to other networks connected to RS Design network must comply with the rules appropriate for that other network.
12. Disk Storage and Bandwidth: Rochelle Serna Design Studio will monitor the customer’s current disk storage and bandwidth. If usage exceeds the amount registered for, RS Design will contact the customer in an attempt to make an arrangement for additional resources. If customer does not respond, or is unable to be reached, RS Design shall have the right to take corrective actions for exceeding resources. Such actions may include assessing additional charges, increasing service plan, temporarily discontinuing services, or terminating the current agreement. If the customer feels that more disk storage is required, it is the customer’s responsibility to contact RS Design (email@example.com) to discuss options for increased disk storage.
RS Design prohibits website hosting customers from participating in pirating unlicensed software, pirating mp3 files, listing hacker programs or archives, hosting warez websites, pornography. The customer agrees to indemnify and hold RS Design harmless from any claims resulting from his/her use of RS Design services that damage the customer or another party. Use of RS Design web hosting and e-mail Services to send Unsolicited Commercial E-mail (UCE or “SPAM”) is strictly prohibited and may be cause for immediate account termination. The customer agrees to pay RS Design any reasonable expenses, including attorney and system administration fees, incurred in responding to complaints and damages caused by the action of sending Unsolicited Commercial E-mail.
14. Adherence to Proposal: It is the responsibility of the customer to review in full all proposals for website design and other services provided by RS Design. Should services or resources fall above the scope of the original proposal, RS Design reserves the right to either refuse project add-ons or invoice appropriately to account for additional time and materials needed. Payment for add-ons that fall above the scope of the original project is due prior to development.
15. Project Timeline: It is the responsibility of the customer to review the project timeline and adhere to the dates for deliverables on their part. Failure to meet deadlines imposed by RS Design will result in delay of project, charges as outlined above, and/or risk putting the project on hold. RS Design may invoice customer for additional resources should the delay of a project interrupt RS Design workflow. Indefinite delay of a project may result in project termination, and a new development agreement must be reached prior to restarting the project. Down payments for services are non-refundable, and will not be returned to customer should a project be delayed or terminated as a result of the customer failing to adhere to project timeline.
16. Website Go Live and Access: A project is considered complete when full development scope has been reached, and project is approved by the customer. Should customer request changes beyond what was agreed to in the original proposal, RS Design may complete these changes at additional cost. Once a project is complete, all changes requested will fall under RS Design standard website maintenance schedule. Account access to website and written or verbal training, as agreed to in the initial proposal, will be granted only after final payment for the project is received by RS Design.
17. Termination/Cancellation Policy: Rochelle Serna Design Studio requires a 30-day notice prior to canceling a website hosting account. Upon cancellation, you will be sent a bill with your final balance (up to 30 days after notification) after your cancel request. At the time of cancellation, all website files, email accounts, and e-mails will be deleted from our server; you are responsible for requesting a backup of these files should you need them for future use.